The City of Lowell • Division of Planning and Development

JFK Civic Center • 50 Arcand Drive • Lowell, MA 01852

P: 978.446.7200 • F: 978.970.4262

www.LowellMA.gov

Adam Baacke

Assistant City Manager/Director

Anne Barton

Deputy Director

CONSERVATION COMMISSION

JFK CIVIC CENTER

50 ARCAND DRIVE

LOWELL, MASSACHUSETTS 01852

February 3, 2010

Members Present:

Chris Zacharer , Louisa Varnum, Kathy Downey, Kyle Davis, Anne Chalupka

Members Absent:

Nate Moore, Alysha Lynch

CALL TO ORDER

Chris Zacharer: Called the meeting to order at 7:00

REQUEST FOR EXTENSION OF ORDER OF CONDITIONS

Robert Gervais - TRS Trade-In Realty Trust

24 Reiss Avenue

Lowell, MA 01852

DEP# 206-0607

Project Location: 50 Phoenix Avenue

Ken Lania: We are coming before you for an extension of the Order of Conditions for two reasons. The first reason is that we were in a legal battle with the neighbor. There was an exit coming out onto Rogers Street that the neighbor claimed adverse possession over. This has been in land court for the past two years. An agreement which provides an easement for both parties was established an approved approximately 5 months ago. We are requesting a 3 year extension to carry out the work.

Chris Zacharer: Can you describe the site for the commission?

Ken Lania: Bob Gervais owns this land. He had agreed to lease the property to a car dealership on Rogers Street. The property that Gervais owns is a triangular piece of land adjacent to GMC. For last 20 years, Bob Gervais has been leasing that property to GMC for vehicle parking. Their lease has recently run out. Prior to their lease running out, we had gotten approval for the project that is subject to this hearing. This project is to develop an office building. The property would have an entrance and exit on Phoenix Avenue and Rogers Street. The building will be approximately 2000 square feet and sit close to the Sunoco Station next door. There will be associated parking and drainage. There already is a drainage swale that begins across the street at the Saturn dealership, runs under Rogers Street, under the Sunoco Gas Station, opens up onto our property and then travels under Phoenix Avenue out to a larger wetland area behind a towing/junkyard. Our goal was to clean and upgrade the drainage channel, add some additional wetlands and cover a portion of the swale.

Chris Zacharer: What have been the changes to the resource area since you last filed?

Ken Lania: Originally, when the Order of Conditions was issued, I had the culverts cleaned out by hand. I don't know how successful it has been.

Kyle Davis: Is the proposal to fill a perennial stream so that you can construct a driveway?

Ken Lania: It is a culverted drainage swale. Our request was to extend the culvert approximately 50 feet, clean up the drainage swale and provide additional storage for floodplain as well as replicated wetlands.

Kyle Davis: What goes on top of the culvert?

Ken Lania: Pavement and a sidewalk.

Kyle Davis: What happens with the roof drainage?

Ken Lania: Roof drainage is infiltrated.

Louisa Varnum: I think we spent a lot of time looking at this plan when you came to us before. I don't think there is much different that you could do to that open drainage area.

Kyle Davis: When this was approved, did it satisfy all of the stormwater standards at the time?

Ken Lania: Yes. I had a letter from Steve Curran, the City Engineer at the time. The stormwater standards were update after the project was approved.

Chris Zacharer: Aside from cleaning the culverts, has there been any other work performed at the property since the Order of Conditions was issued?

Ken Lania: No.

Kyle Davis: Motion to grant a two-year extension for DEP File# 206-0607

Kathy Downey: Second.

All in Favor

MINUTES

Kyle Davis: Motion to approve meeting minutes for January 20th, 2010.

Kathy Downey: Second.

All in Favor

ADJOURN

Louisa Varnum: Motion to Adjourn

Kathy Downey: Second

All in favor